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NON-DISCLOSURE AND CONFIDENTIALITY AGREEMENT

Agreement is made and entered into this day by and between NEW HAMPSHIRE BUSINESS SALES, INC., a New Hampshire business corporation headquartered at 5 Sheep Davis Rd., Pembroke, NH (“Intermediary” or “NHBS”), and the undersigned. Now therefore, in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows:

RECITALS: NHBS agrees to provide to Undersigned certain confidential and proprietary information and materials as further defined below relating to certain companies offered for sale by New Hampshire Business Sales, Inc. and Undersigned covenants that it will inspect and hold such Information in the strictest confidence, subject to the terms of this Agreement.

CONFIDENTIAL INFORMATION. Confidential Information includes by way of example, but not limitation, any/all financial information, business plans, marketing plans, data, and other information submitted, orally, in writing, or by any other media, to Undersigned or Undersigned’s representatives by Company or NHBS (“Confidential Information”). However, Confidential Information excludes information which: (a) was in Undersigned’s possession before receipt from Company or NHBS, as evidenced by written records; (b) is or becomes a matter of public knowledge through no fault of Undersigned, its affiliates, subsidiaries, parent companies, or Undersigned’s officers, controlling shareholders, members, partners, or trustees; (c) is rightfully received by Undersigned from a third party without a duty of confidentiality on the third party; (d) provided, however, that the exceptions set forth in clauses (a), (b), (c) do not apply to employment applicant, employee or customer information, which is protected by state and federal laws. Information which is furnished by Intermediary, or by Company, to Undersigned, or its agents, is strictly confidential, may be used only in connection with investigation of the Company for its purpose for engaging Intermediary, and may not be disseminated to any party other than Company’s designated officers or Agents. Under no circumstance shall Undersigned or its Agents reveal any Confidential Information, or the basis for receiving such information, to any employee, officer, or agent of the Company who is not expressly authorized herein, or in a separate written authorization from Company or Intermediary.

AUTHORIZED THIRD PARTIES. Notwithstanding the confidentiality and non-disclosure provisions above, Undersigned may furnish the Confidential Information to Undersigned’s attorneys, accountants, or other professional advisors, along with potential partners, investors, provided, however, that all such parties shall certify to Undersigned in writing that they are bound by the terms of this Agreement and ratify the substance hereof.

FIDUCIARY RELATIONSHIP. Undersigned certifies that it understands Intermediary is an agent of, owes a fiduciary duty to the Company, and is acting solely in the interest of the Company.

ACCURACY OF CONFIDENTIAL INFORMATION. Intermediary is providing Confidential Information at the request of Company on the express condition that Intermediary makes no representations or affirmative warranties as to the validity or veracity of the Confidential Information so provided. Notwithstanding the preceding disclaimer, NHBS certifies that it has no actual knowledge of any false information contained within the Confidential Information.

NOTICE OF DEMAND FOR DISCLOSURE. In the event that Undersigned is required by law, or requested by a court, administrative body, or any third party whatsoever, to disclose any Confidential Information, Undersigned agrees to give both Intermediary and Company three business days written notice prior to disclosing the demanded Confidential Information, such that Company or Intermediary may seek a protective order or other appropriate relief.

RETURN OF CONFIDENTIAL INFORMATION. Upon written request by Company or NHBS, the Undersigned shall return to Intermediary all Confidential Information, and to the extent such Confidential Information cannot be returned, it shall be destroyed and forever removed and deleted from all storage medium wherever located.

ONGOING DUTY OF CONFIDENTIALITY. To the extent that certain Confidential Information is known to Undersigned, and to the extent its Agents, officers, shareholders, members, partners, or trustees retain such Confidential Information, and said Confidential Information, or any conclusions or further data based on the Confidential Information, cannot be destroyed or returned, Undersigned covenants that it shall abide by the ongoing duty to hold Confidential Information in strict confidence under this Agreement the sooner of the following occurs: (a) Company authorizes in writing disclosure of the Confidential Information; (b) the Confidential Information meets the standard set forth in sub-sections (a)-(c) in Section 2 above; (c) the Undersigned acquires all ownership interests, or all, or substantially all, of the assets of the Company.

UNAUTHORIZED DISCLOSURE. Undersigned acknowledges that any breach of the provisions of this Agreement is likely to result in serious and irreparable injury to Company and to Intermediary that cannot be adequately compensated by money damages alone. Undersigned therefore agrees that Company and/or Intermediary is entitled to specific performance of this Agreement and to seek both temporary and permanent injunctive relief, to the extent permitted by law, without proving actual damages.

MISCELLANEOUS. This agreement shall bind and inure to the benefit of, or burden to any of the parties hereto. All covenants, duties, or representations of the Undersigned shall survive termination of this Agreement. The invalidity or unenforceability of any term, phrase, clause, paragraph, restriction, covenant, agreement, or any other provision shall not affect the validity or enforceability of any other provision, or any part thereof. All agreements between the parties hereto are merged herein, and this agreement embodies all oral or other undertakings between the parties hereto regarding confidentiality of Confidential Information provided hereunder. Headings are for purposes of reference only and shall not limit or otherwise affect the substance of any section. The parties covenant that they have had adequate opportunity to seek independent, professional counsel prior to executing this agreement.

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We have finally seen the snow banks melt and the daffodils bloom! In addition to businesses that design, install, and maintain landscapes, we have other businesses for sale that are getting busy with the change of seasons.

Stewart Lamprey, founder of New Hampshire Business Sales Inc., has died at the age of 96. He was well known in state government, serving both as President of the Senate and Speaker of the House of Representatives. He was a veteran who served during WWII.

March certainly came in like a lion and thankfully looks like it is going out like a lamb. What that means to us in New England is pot holes and car repairs! This month we feature a couple of automotive related businesses and in the coming weeks we will be adding more so be sure to check back.

Live Juice, a popular restaurant started by Aryn and Aaron Moore during the early days of the Main Street revitalization overhaul project, has been acquired by Kristen and BG Moore, who plan to continue the healthy choice menu and friendly style of business.

What's on the menu tonight? For many people it's not what they're cooking at home. It's dining at a restaurant, ordering meals to go or stopping off to pick up sandwiches or pizza on the way home. The businesses featured this month are taking advantage of this trend.

It may not seem like the ideal time to be thinking of or looking at landscape / hardscape related businesses but it's actually an ideal time to begin the process and discussions and gathering information.

New Hampshire Business Sales is pleased to announce the sale of the Hampstead Center Market by Phil and Linda Torre and their daughter, Sherry Williams, to Theresa Melisi-Bean and Jean Pokorney of Derry.

With Memorial Day comes the unofficial beginning of summer resulting in a big influx of vacationers and second home owners to New Hampshire. We have some solid business listings that are in areas that greatly benefit from this increased traffic.

Nancy and Ed Adams have sold the Hancock Market on Main Street to Jarvis and Marcia Coffin, owners of the Hancock Inn located across the street from the store, according to New Hampshire Business Sales, which coordinated the transfer.

This is the fifth year in a row that Settino has earned the honor as the company’s top performer in Main Street sales. “…When he gets an opening to sell a business, he leaves no stone unturned to get it sold,”

Willow Pond Sand and Gravel in Newbury, NH was sold by Willow Pond Inc., of Fountain Hills Arizona, to D & E Land Holding, LLC. of Franklin, NH. D & E Land Holding, LLC is continuing operations as Willow Pond Sand and Gravel, LLC and is planning to significantly improve the operation and will open in early spring 2017.

After an unusually active summer season for both listing new businesses for sale and for closing deals, we approach back to school and Labor Day with the traditional summer vacation season coming to a close. We return to routines and schedules. It's now time to get down to business.

Community Living for the Elderly, LLC. a licensed 15-bed residential care facility for the elderly located on 22 Mays Way, has been sold by Miklos Toth and Carol Jaworski to Tamworth Community Living, Inc.

Market activity the first half of 2016 has been strong. Our closings to date have matched our total 2015 numbers. We have and continue to engage a quality selection of listings in a broad spectrum of industries.

Every year, Boomer business founders grow older and want to retire. This means that there is a great opportunity for new Associates to develop their own networks and build their own “book of business” using our history, tools and systems.

Ed Settino, a senior broker associate of New Hampshire Business Sales, has been named Broker of the Year for 2015.This is the fourth year in a row that Settino has earned the honor as the company’s top performer.

For some people buying an existing business is a better option than starting from scratch. Established businesses often have what is needed already in place. The right purchase can get you income on day one.

Assisted living facilities are evolving with the ever increasing needs of an aging population. Demographic trends suggest the need for assisted living facilities will continue for years to come, especially in New Hampshire.

This top-notch hospitality facility is meticulously maintained and offers a blend of quality facilities to meet a diversity of needs. This facility is in a prime location to take advantage of all this four season tourist area has to offer.

Owning a restaurant can be a dream career for the right person. A promising path is to purchase an established business.
There are many profitable ones on the market today, and established businesses often have what is needed already in place – including a functional kitchen, furnishings and more.

Coming back out of the depths of the recession, bankers have been forced to be more conservative than they were in the mid-2000s. But they all have money they need to put to work, so are receptive to well thought out acquisition plans.